Open Access. Powered by Scholars. Published by Universities.®

Legal Studies Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 211 - 240 of 15188

Full-Text Articles in Legal Studies

Facing State-Created Danger In Facial Recognition Technology, Esha Jain Mar 2026

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …


Remedying Copyright For Indigenous Australians: A Stolen Generations Perspective, Elizabeth Serventy, Koutras Mar 2026

Remedying Copyright For Indigenous Australians: A Stolen Generations Perspective, Elizabeth Serventy, Koutras

Research outputs 2022 to 2026

This study presents a Judicial Intersectionality method that incorporates knowledge from arts, humanities, natural sciences, and social sciences. It aims to examine how historical legal, political, and social injustices against Indigenous Australians have persisted in various spheres. When considering the Stolen Generations period, attention is directed on addressing the existing insufficient copyright rights and enhancing future legal results for Indigenous artists. In order to achieve that objective, a unique and distinct copyright system is regarded as the most suitable resolution. Philosophically and pragmatically, this approach was aligned with the Australian Government's 2023 Referendum, which aimed to grant constitutional status to …


Fuck: Public Opinion, Ian T. Adams, Marc Olson, Lois James, Brandon Tregle, Hunter M. Boehme Mar 2026

Fuck: Public Opinion, Ian T. Adams, Marc Olson, Lois James, Brandon Tregle, Hunter M. Boehme

Faculty Publications

Profanity is common in everyday life, yet law enforcement often treats all swear words alike. Building on Adams (2024), we surveyed a large public sample (n = 2412) who evaluated profanity’s appropriateness, professionalism, impact on trust, and disciplinary deservedness across nine scenarios (n = 9874) varying in intent (positive, neutral, derogatory) and target (self/situation, colleague, public). Results aligned with prior research: any profanity aimed at the public, especially in a derogatory way, drew the strongest condemnation. Meanwhile, positive or neutral profanity toward oneself or colleagues was generally acceptable, though derogatory profanity at colleagues elicited moderate concern. Across the …


Violent And Property Crime In The Mountain West, 2024-2025, Sydney Mitchell, Kian Parikh, Kristian Thymianos, Olivia K. Cheche, William E. Brown Jr. Feb 2026

Violent And Property Crime In The Mountain West, 2024-2025, Sydney Mitchell, Kian Parikh, Kristian Thymianos, Olivia K. Cheche, William E. Brown Jr.

Criminal Justice

This fact sheet presents 2024-2025 violent and property crime data for the Mountain West states of Arizona, Colorado, Nevada, New Mexico, and Utah. Crime data are sourced from the Real-Time Crime Index (RTCI) created by AH Datalytics. The RTCI table, “Reported UCR Part One Crimes Year to Date” compares violent and property crime rates during the time frames of January-October 2024 and January-October 2025 for states across the U.S. This fact sheet highlights the violent and property crime rates in each Mountain West state and considers how these data have changed between January-October 2024 and January-October 2025.


Examining Crime Trajectories At Micro Geographic Locations Across Varied Urban Contexts In The U.S., Xiaoshuang Iris Luo Feb 2026

Examining Crime Trajectories At Micro Geographic Locations Across Varied Urban Contexts In The U.S., Xiaoshuang Iris Luo

University Research

Objectives

There is a lack of research for the spatial distribution of crime at micro geographic units across a variety of places. To address the research gap, this study examines crime trajectories over the most recent decade across a wide range of cities in the U.S.

Methods

Using cities of different sizes, developmental stages, and employment levels as the three criteria, official crime data from 12 U.S. cities between 2010 and 2018 are analyzed to examine crime trajectories at the street segment level. Group-based trajectory models are used to determine the distinct longitudinal trajectory profiles of violent crime and property …


When Disaster Strikes Y’All Street: A Study On Cross-Sector Collaboration In Protecting U.S. Financial Critical Infrastructure, Rachael A. Zerr, John Friedlander Feb 2026

When Disaster Strikes Y’All Street: A Study On Cross-Sector Collaboration In Protecting U.S. Financial Critical Infrastructure, Rachael A. Zerr, John Friedlander

Publications and Research

This exploratory research examines public-private collaboration between corporate security leaders and local emergency responders in the North Texas financial corridor known as “Y’all Street.” Using perception-based survey data from senior representatives in the private and public sectors, the paper evaluates partnership strength, preparedness activities, information sharing, and operational coordination. Findings indicate that collaborative practices such as facility tours, joint exercises, and emergency planning are present, but that partnership maturity remains uneven and is not yet fully standardized across the corridor. The research concludes that more formalized and institutionalized coordination will be necessary to strengthen resilience as the region’s financial significance …


Watching The Watchers: Redefining Privacy And Human Rights In Correctional Surveillance, Ianna H. Choi Feb 2026

Watching The Watchers: Redefining Privacy And Human Rights In Correctional Surveillance, Ianna H. Choi

Binghamton University Undergraduate Journal

Incarcerated individuals exist in a space where security and privacy constantly clash. This study examines how surveillance technologies—biometric monitoring, video surveillance, and electronic tracking—in correctional settings impact the privacy rights of those incarcerated. Through a review of peer-reviewed literature, and insights from informal conversations with incarcerated individuals at Broome County Jail, this research examines the ethical, legal, and social implications of surveillance in carceral facilities, focusing on how constant monitoring impacts privacy, relationships, and mental well-being. Expanding beyond jails, the study considers surveillance in state and federal prisons, evaluating its implications under the United Nations International Covenant on Civil and …


Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo Feb 2026

Incarcerated Youths In Canada And The United States: A Comparative Analysis, Grace A. Mastrangelo

Binghamton University Undergraduate Journal

Are children, who commit adult crimes, deserving of adult punishments? According to the United Nations, not if it harms their well-being. Article 3 of the Convention on the Rights of the Child (CRC) adopted by the United Nations in November 1989, states that 1) the best interests of the child should be the primary consideration of all state actions involving children, 2) governments must allot children the protection and care necessary for their well-being, and 3) governmental institutions, services, and facilities that deal with children must uphold adequate standards for the safety, health, and supervision of children. The CRC is …


Lyari: A War Unseen, Sammi Deen Feb 2026

Lyari: A War Unseen, Sammi Deen

MSJ Capstone Projects

This capstone explores the conflict in Lyari Karachi and its enduring aftermath on the locals. It examines the lived experiences of conflict victims, their families and the profound psychological traumas resulting from prolonged violence. The study highlights how the conflict continue to shape everyday life in Lyari.

My capstone provides overview of the Lyari conflict, followed by an in-depth analysis of its social and human consequences. It documents the impacts on locals’ communities, particularly victims’ families, and illustrates how the conflict not only devastated lives but also contributed to the spread of drug abuse, lawlessness, and a culture of unaccountability, …


Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf Feb 2026

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …


A Study Of The Intellectual Property Rights Of Farmers With Special Reference To The Protection Of Plant Variety And The Farmers' Rights Act, 2001, Gomathi R Ms Feb 2026

A Study Of The Intellectual Property Rights Of Farmers With Special Reference To The Protection Of Plant Variety And The Farmers' Rights Act, 2001, Gomathi R Ms

Theses and Dissertations

Intellectual Property Rights (IPR) confer exclusive rights on individuals over the creations of their minds. Intellectual property is protected through patents, trademarks, copyrights, industrial designs, geographical indications, and other legal rights, enabling inventors to obtain economic benefits and legal recognition from their innovations. These rights provide exclusive usage for a prescribed period and have evolved significantly over the years, sharing similarities with ownership rights over tangible property. As intangible rights, IPR primarily consist of the property element and the object to which that property relates. Among the various forms of IPR, Plant Variety Protection (PVP) rights recognize the creativity and …


Cv: Natalia Tapia (Criminal Justice), Natalia Tapia Feb 2026

Cv: Natalia Tapia (Criminal Justice), Natalia Tapia

Justice, Law, and Public Safety Studies Department Faculty Curricula Vitae

No abstract provided.


Trauma-Informed Policing Training: Statewide Implementation And Outcomes, Ryan E. Spohn, Justin Nix, Sadaf Hashimi, Travis Carter Feb 2026

Trauma-Informed Policing Training: Statewide Implementation And Outcomes, Ryan E. Spohn, Justin Nix, Sadaf Hashimi, Travis Carter

Reports

This report presents pre- and post-training survey results for Phase 1 of the Nebraska Department of Transportation (NDOT) grant. Law enforcement officers regularly interact with individuals who have experienced trauma. These encounters can be complex, unpredictable, and high stress. Trauma-informed policing training is intended to give officers practical tools to recognize trauma responses, communicate more effectively, and reduce unnecessary escalation during these interactions.


Legal Reform And Cultural Resistance: Examining The Role Of Law And Custom In Ending Fgm In Egypt, Souhaila Hafez Abo Seada Feb 2026

Legal Reform And Cultural Resistance: Examining The Role Of Law And Custom In Ending Fgm In Egypt, Souhaila Hafez Abo Seada

Theses and Dissertations

This thesis examines the persistent gap between legal reform and social practice in efforts to end Female Genital Mutilation (FGM) in Egypt. Although FGM has been criminalized since 2008, with stronger penalties introduced in 2016 and 2021, the practice continues, revealing the limits of law when it operates alongside powerful social, religious, familial, and medical norms. Using a qualitative case-based approach grounded in legal pluralism and Feminist Critical Discourse Analysis, the study draws on 11 semi-structured interviews with participants from civil society, religious institutions, the legal profession, the medical sector, and communities where FGM persists, alongside legislative, demographic, and documentary …


Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett Feb 2026

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …


Humanity Is Evolving Its Consciousness: The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson Jan 2026

Humanity Is Evolving Its Consciousness: The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson

Psychology Faculty Publication Series

Humanity is evolving its consciousness at individual and collective levels.  Given these seemingly tumultuous times, as of this writing (January 2026), to make such a statement may sound like a strange thing to say.  However, I suggest that if you are alive today and if you are reading these words, these are the very times for which you were born—to assist Humanity as it evolves its consciousness with your unique gifts, whatever they may be.  That is, this period of our individual and collective human being-ness may be characterized as an unfolding period of weeding out and alignment with the …


Arts In Criminal Justice And Corrections: International Perspectives On Methods, Journeys And Challenges, Edited By Amanda Gardner And Laura Caulfield, Kirstin Anderson Dr Jan 2026

Arts In Criminal Justice And Corrections: International Perspectives On Methods, Journeys And Challenges, Edited By Amanda Gardner And Laura Caulfield, Kirstin Anderson Dr

Journal of Prison Education Research

It was the first day of my study I had planned as part of my PhD research. I had prepared all the materials the night before, took an early train to ensure I was on time, went through all the checks at the prison gate, set up my room and waited for the first participant to come in for their interview. I welcomed him with ease, introduced myself and went through the consent form. I turned on the audio recorder. ‘It’s just like the fucking police’. My heart sank. I don’t think I told anyone about how big a misgiving …


Hard Hats And Second Chances: A Phenomenological Study Of Employer Support In Construction-Based Reintegration, Christofer M. Pacheco Jan 2026

Hard Hats And Second Chances: A Phenomenological Study Of Employer Support In Construction-Based Reintegration, Christofer M. Pacheco

USF Tampa Graduate Theses and Dissertations

This qualitative phenomenological study examines how formerly incarcerated individuals perceive and experience employer support during workplace reintegration in the construction industry. Although employment is widely recognized as a protective factor against recidivism, post-hire experiences from the perspective of justice-involved employees remain underexplored. Grounded in an interpretivist paradigm and informed by Social Support, Social Learning, and Identity perspectives, the study investigated how structure, self, and environment interact to influence retention, growth, and desistance.

Nineteen interviews were completed with six construction workers in New Mexico who had maintained employment for at least one year following incarceration. Through the use of Seidman’s three-interview …


Recalibrating The Risk Of False Confession Wrongful Convictions: Interrogation Tactics And Inverse Probability, Scott M. Mourtgos, Ian T. Adams Jan 2026

Recalibrating The Risk Of False Confession Wrongful Convictions: Interrogation Tactics And Inverse Probability, Scott M. Mourtgos, Ian T. Adams

Faculty Publications

False confession wrongful convictions (FCWCs) are a serious failure of the criminal justice system. Although scholars have identified interrogation tactics thought to elevate this risk, existing research rarely estimates the population-level probability that legally permissible methods will produce an FCWC. Instead, inference relies on outcome-selected case series and laboratory diagnosticity ratios that ignore base rates and the far larger universe of interrogations without false confessions. This article offers a methodological recalibration. We formalize the outcome-selection problem and apply inverse probability logic to derive posterior FCWC risk integrating base rates, sensitivity, and specificity. Using Monte Carlo simulation, we synthesize available empirical …


Boiling A Frog: Pre-Adaptive Processes And Prison Riot Dynamics, Hayden P. Smith Jan 2026

Boiling A Frog: Pre-Adaptive Processes And Prison Riot Dynamics, Hayden P. Smith

Faculty Publications

This study explores the adaptive mechanisms and survival strategies deployed by incarcerated individuals during the Lee Prison Riot of April 15, 2018. Drawing solely on in-depth interviews with 25 incarcerated men (predominantly Black, aged 25–61) at Lee Correctional Institution, and utilizing the importation and deprivation models as analytical frameworks, the analysis reveals that early-life trauma, neighborhood disruption, and the construction of survival pride significantly shape inmate adaptation. In particular, the research documents how inmates are channeled into “high‑alpha dorms” where collective violence becomes both predictable and deeply ambiguous, and where post‑riot behaviors signal the emergence of a “new normal” in …


A Qualitative Examination Of The Motivations For Homeschooling Among Black Americans, Portia J. Witt Jan 2026

A Qualitative Examination Of The Motivations For Homeschooling Among Black Americans, Portia J. Witt

LSU Doctoral Dissertations

This qualitative phenomenological study explored the motivations and lived experiences of African American homeschooling families. Twelve Black parents from multiple states participated in semi-structured interviews. Data were analyzed using Moustakas’ (1994) Modified Stevick–Colaizzi–Keen method and coded thematically using NVivo. Nine themes emerged: autonomy, holistic education, community belonging, online networks, public resources, curriculum gaps, personal values, effective learning, and legacy of harm. While racialization in schools—including tracking, microaggressions, and misidentification—contributed to participants’ decisions, motivations also reflected intersectional factors such as faith, disability, mental health needs, giftedness, and a desire for cultural protection and flexible learning. Findings suggest homeschooling serves as a …


Police Staffing Shortages, Public Awareness, And Policy Preferences, Hunter M. Boehme, Joshua Mccrain, Scott M. Mourtgos, Brandon Tregle Jan 2026

Police Staffing Shortages, Public Awareness, And Policy Preferences, Hunter M. Boehme, Joshua Mccrain, Scott M. Mourtgos, Brandon Tregle

Faculty Publications

Since the summer of 2020, police agencies across the United States have continued to experience police staffing shortages. The consequences of understaffed police agencies are well studied, but little is known about whether the public is aware of the staffing problem and its consequences for public safety and police behavior. This study presents a pre-registered factorial survey experiment to 3105 US adults, varying the information respondents see on the consequences of staffing shortages (e.g., public safety, police behavior) and the messenger of this information (e.g., police chief, mayor). Respondents are then asked about their levels of concern about police staffing, …


Meet Me At The Rock: The Behavioral Patterns Of Collective Violence In Prison, Hayden P. Smith Jan 2026

Meet Me At The Rock: The Behavioral Patterns Of Collective Violence In Prison, Hayden P. Smith

Faculty Publications

This study explores the behavioral dynamics of collective violence in prisons, focusing on the largest prison riot in the United States in twenty-five years at Lee Correctional Institution, using an ethnographic approach and Crime Script Analysis (CSA). The sample consisted of twenty-five incarcerated men, predominantly African American, aged 25 to 61, with extensive incarceration histories, experiences of violence, and influencer status within the prison community. It identifies key factors such as situational awareness, gang affiliations, and chronic understaffing that escalate violence. Themes include the "pressure cooker" environment, elevated tensions, and stages of confrontation, escalation, and de-escalation. A key finding is …


Statewide Sanctuary Policies And Female Homicide Rates, 2016–2021, Kaitlin M. Boyle, Sophia Shaiman, Veronica Valencia Gonzalez, Wendy Regoeczi Jan 2026

Statewide Sanctuary Policies And Female Homicide Rates, 2016–2021, Kaitlin M. Boyle, Sophia Shaiman, Veronica Valencia Gonzalez, Wendy Regoeczi

Faculty Publications

The current study examines whether state immigration enforcement policies, such as sanctuary policies that limit local police cooperation with federal immigration enforcement, are associated with female homicide rates in the United States (2016–2021). We examine crude female homicide rates from the National Violent Death Reporting System (N = 244 state-years), which we stratify by race and ethnicity (Hispanic of all races, non-Hispanic Black, and non-Hispanic White) and victim–suspect relationship (domestic vs. stranger homicide). State-years with policies that are more protective of immigrants were not associated with higher homicide rates for any group. Instead, state-years with these policies reported significantly lower …


Risk And Public Judgments On Police Pursuits: A Nationally Representative Conjoint Experiment, Scott M. Mourtgos, Ian T. Adams, Kyle Mclean, Geoffrey P. Alpert Jan 2026

Risk And Public Judgments On Police Pursuits: A Nationally Representative Conjoint Experiment, Scott M. Mourtgos, Ian T. Adams, Kyle Mclean, Geoffrey P. Alpert

Faculty Publications

Police vehicle pursuits emphasize a central tension between law enforcement imperatives and public safety. While modern policies emphasize balancing apprehension needs against risks of continuation, little is known about whether public intuitions mirror this framework. We address this gap using a nationally representative conjoint experiment (N = 3,334) that varied eleven contextual factors across randomized pursuit scenarios. Respondents rated perceived risk, indicated whether pursuits should be terminated, and made forced-choice tradeoffs. Across all outcomes, high-risk situational factors (e.g., high speeds, adverse weather, heavy traffic, urban settings, etc.) increased perceived danger and termination support, while more serious underlying offenses, particularly …


The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz Jan 2026

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Scholarship

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …


When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann Jan 2026

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …


Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum Jan 2026

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …


Ransomware As Organization: A Comparative Analysis Of Corporate And Criminal Structures In Conti, George Urling Jan 2026

Ransomware As Organization: A Comparative Analysis Of Corporate And Criminal Structures In Conti, George Urling

Theses, Dissertations and Capstones

Cybercriminal groups continue to pose major threats to global cybersecurity. One of the most common types of cybercriminal groups are, “Ransomware-as-a-Service (RaaS)" groups, who create and sell ransomware. While research is conducted into the development of ransomware, there is limited reporting on the organizational structure and habits of RaaS groups. In 2022, prominent RaaS group Conti had their chat logs leaked, with the logs ranging from 2020 to 2022. This study seeks to provide a deeper understanding of RaaS group structures by utilizing the Conti leaked logs as a case study. The study, entitled “Ransomware as Organization: A Comparative Analysis …


Reframing Latina Incarceration: An Exploration Of Intersectional Identity, Mass Incarceration And Criminalization In The United States, Melia Lorch Jan 2026

Reframing Latina Incarceration: An Exploration Of Intersectional Identity, Mass Incarceration And Criminalization In The United States, Melia Lorch

Hispanic Studies Honors Papers

This thesis examines the incarceration of Latina women in the United States through an intersectional lens that centers ethnicity, gender, and class, among other factors. While mass incarceration has been widely studied, Latina experiences are often overlooked or reduced to statistics, making their specific pathways into and through the criminal legal system largely invisible. This project argues that Latina incarceration is not simply the result of individual behavior, but is shaped by overlapping systems of structural inequality. Drawing on the interdisciplinary research of an array of scholars, recent government data and report, as well as observations from York Correctional Institution …